Legal Question in DUI Law in Florida

Arrest for possession of marijuana and paraphernalia

I was sitting in the drivers seat. it was not my car. The car was off and i was sitting in it with two other people. The guy in the back had put his drugs and pipe in the back center console lo0cated in the back seat. When i was searched they found nothing on me and said that they smelled marijuana and where going to search the car. they cuffed me and threw me in the back of the cruiser while they searched. finally they found the evidence and said we were all under arrest for possession. I continued to say that it was not mine and that it was out of my area of reach. Later the owner of the car came back after taking a walk but since he was not in the car during the arrest he did not get arrested and was free to go home. My question is how can i defend myself in court because i can honestly and truthfully say that i did not own or pay anything for either the drugs or paraphernalia.


Asked on 11/26/08, 11:16 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Arrest for possession of marijuana and paraphernalia

Hey...I just read your question. These types of cases are hard for the State to prove. This is especially true if everyone involved said it was not theirs. If you were up front and things were found in the back of the car, it adds to your credibility.

In North Fla. counties, the procedures are that we go in to court on the first date (arraignment) and plead not guilty and ask for a pass date. The case gets passed. I show back up and may want to pass it again. We can pass cases to investigate things and to negotiate a good plea bargain with the State. Usually if my client does not have a bad prior record, the State will ok our plea of No Contest and a withhold of adjudication of guilt (that means no conviction). They usually simply ask for my client to pay some court costs. If my client is a minor, it could affect the driver's license (I would need to review that).

If we have a good case, we will not enter a plea. We will fight it. This forces the State to either drop the charge or we go to trial and try to win there.

If your case in is North Fla., and you need counsel, please give us a call. Good luck. Tom Rosenblum

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Answered on 11/28/08, 12:10 pm


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